Recognition child maintenance orders
Recognition child maintenance orders Following the accession of the Republic of Bulgaria to the EU, as regards the recognition and enforcement of decisions and other acts issued in other EU Member States, EU law and the standards established and incorporated in the CCP shall apply.
There is also clarity and a relatively easy way to allow the enforcement of decisions and other acts issued in other EU Member States.
That Convention continues to apply to other countries. Recognition child maintenance orders
The Regulation applies in civil and commercial matters and has detailed rules in a number of areas including consumer contracts and individual employment contracts.
The family law in Bulgaria
The Family law, is regulating the family relationships, including marriage and divorce, the treatment of children, and related economic matters.
Whether you are planning your future, require assistance during a difficult time or need someone to fight your corner, we have the legal expertise to support and guide you through whatever this may involve.
We can advise you on a wide range of family and divorce issues including:
- Financial statements
- International family law
- Prenuptial and postnuptial agreements
- Cross-border pension claims
- Custody and guardianship of minors
- Regulation of parent-child relations
- Cross-border visits between parent and child
- Modification and breaches of visits
- Recognition of foreign judgments
- International Child Abduction
- Succession, national and international inheritance law, including estate planning and drafting of wills and legal assistance before the courts.
It does not cover a range of matters including taxation, the status or legal capacity of people, matrimonial matters, wills and succession and social security. Here we are only concerned with its role in relation to family law.
It does apply to maintenance orders in family law cases.
It deals with jurisdiction (i.e. which court can hear the case) and enforcement of maintenance orders. The recognition and enforcement of judgments given in non-EU non-EU countries should be in a different procedure and order, namely the order established by the ECHR.
The procedure for recognizing and allowing the enforcement of foreign decisions and other acts (of non-EU countries) in Bulgaria.
According to part four of the Bulgaria law act for international claims the conditions introduced in Art. 117 for recognition and approval of enforcement are the following:
- – Decisions and acts of foreign courts and other bodies are recognized and enforced when:
- – the foreign court or authority was competent according to the provisions of Bulgarian law , but not if the sole ground for foreign jurisdiction in property disputes was the nationality of the claimant or his registration in the state of the court;
- – the defendant was served with a copy of the application, the parties were regularly summoned and the fundamental principles of Bulgarian law related to their defense were not violated ;
- -if a decision of a Bulgarian court has not entered into force on the same grounds and for the same request ;
- -if between the same parties on the same grounds and for the same claim no proceedings pending before the Bulgarian court , started before the foreign case in which the decision for which recognition and enforcement is sought;
- – recognition or approval of the performance does not contradict the Bulgarian public order
Maintenance matters may also be decided by the court which is dealing with divorce or separation proceedings, provided its jurisdiction to do that is not based only on the nationality of one of the parties. Recognition child maintenance orders